Transcription

1 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ( Agreement ) is made and entered into this 6 th day of May, 2011, by and between Kansas State University ( KSU ) and K-State Athletics, Incorporated, formerly known as The Intercollegiate Athletic Council of Kansas State University, Inc. ( IAC ), and Ronald D. Prince ( Prince ) and IPP, L.L.C. ( IPP ). KSU and the IAC may be collectively referred to herein as the Plaintiffs. Prince and IPP may be collectively referred to herein as the Defendants. Plaintiffs and Defendants may be collectively referred to herein as the Parties and each may be referred to individually as a Party. WHEREAS, Prince was employed as KSU s head football coach between December 5, 2005 and December 31, 2008; and WHEREAS, Prince s employment was terminated, without cause, on November 5, 2008, effective December 31, 2008; and WHEREAS, on May 20, 2009, KSU and the IAC filed a declaratory judgment action against Prince and IPP in the District Court of Riley County, Kansas, Case No. 09-cv-106, to determine whether a Memorandum of Understanding signed by Prince on behalf of In Pursuit of Perfection, LLC and by Robert Krause (KSU s then Athletics Director and the IAC s then President and CEO), on behalf of the IAC, is a legally valid and enforceable agreement; and WHEREAS, on January 15, 2010, Prince and IPP filed counterclaims against KSU and the IAC for (1) anticipatory repudiation and breach of contract; (2) fraud; (3) negligent misrepresentation; (4) breach of oral and/or parol contract; (5) unjust enrichment; (6) promissory estoppel; and (7) tortious interference with contract and business expectancy; and WHEREAS, the Parties desire to fully and finally release and settle any claims or counterclaims which were or could have been asserted in the lawsuit as well as any other existing or potential claims between them. NOW, THEREFORE, in consideration of the payment, promises and agreements set out below, and other good and valuable consideration, the sufficiency and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. Payment. 1.1 IAC agrees to pay IPP, L.L.C. the sum of $1,650, This payment shall be made on or before May 25, The obligation to make this payment is conditioned upon the execution of this Agreement and Defendants providing Plaintiffs a completed Form W-9 for IPP, L.L.C. 1

2 1.4 Plaintiffs shall issue a Form 1099 to document this payment, and each Party shall be responsible for and pay his or its own tax obligations or liabilities with respect thereto. 2. General Mutual Release and Dismissal of Lawsuit. 2.1 In consideration of the promises and undertakings in this Agreement, Plaintiffs, on behalf of themselves and their respective officers, directors, shareholders, partners, members, managers, affiliates, subsidiaries, parent companies, past and present employees, agents, attorneys, predecessors, successors and assigns, hereby forever release and discharge Defendants and their respective officers, directors, shareholders, partners, members, managers, affiliates, subsidiaries, parent companies, past and present employees, agents, attorneys, predecessors, successors, and assigns from any and all claims, demands, indebtedness, agreements, promises, obligations, damages or liabilities, costs, expenses (including attorneys fees or liens), and causes of action in law or in equity, of any kind, whether known or unknown, suspected or unsuspected, fixed or contingent, asserted or unasserted, arising or existing on or before the date of this Agreement. 2.2 In consideration of the promises and undertakings in this Agreement, Defendants, on behalf of themselves and their respective officers, directors, shareholders, partners, members, managers, affiliates, subsidiaries, parent companies, past and present employees, agents, attorneys, predecessors, successors and assigns, hereby forever release and discharge Plaintiffs and their respective officers, directors, shareholders, partners, members, managers, affiliates, subsidiaries, parent companies, past and present employees, agents, attorneys, predecessors, successors, and assigns from any and all claims, demands, indebtedness, agreements, promises, obligations, damages or liabilities, costs, expenses (including attorneys fees or liens), and causes of action in law or in equity, of any kind, whether known or unknown, suspected or unsuspected, fixed or contingent, asserted or unasserted, arising or existing on or before the date of this Agreement. Paragraphs 2.1 and 2.2 are collectively referred to herein as the Settled Issues. 2.3 Plaintiffs and Defendants agree to dismiss with prejudice the lawsuit, each party to bear his or its own costs, expenses and attorneys fees. 2

3 3. No Admission. Nothing contained in this Agreement shall be construed as an admission of guilt, liability or responsibility on the part of any party in connection with the Settled Issues and all such liability is expressly denied. 4. Representations and Warranties. 4.1 Plaintiffs and Defendants each warrant and represent to the other that its or his execution of this Agreement has been duly authorized by all necessary corporate or other action by such Party. 4.2 Plaintiffs and Defendants each warrant and represent that it or he has all requisite legal rights necessary to grant the release and covenants and any other rights granted herein. 4.3 Each individual who executes this Agreement on behalf of any Party represents and warrants that he does so with the knowledge and express approval and authorization of the Party on whose behalf that person executes this Agreement. 4.4 Each Party represents and warrants that such Party is the sole and lawful owner of all right, title and interest in and to every claim or other matter which each such party purports to release herein, and that such Party has the full power to enter into this Agreement and has not assigned, transferred or encumbered, or purported to assign, transfer or encumber, voluntarily or involuntarily, to any person or entity which is not a party to this Agreement, all or any portion of the claims, obligations or rights covered by this Agreement. 4.5 The Parties acknowledge that they have had ample opportunity to consult with their attorneys prior to execution of this Agreement and have done so. They further acknowledge that they knowingly and voluntarily decided to sign and enter into this Agreement. 4.6 No inference in favor of, or against, any Party shall be drawn from the fact that any such Party has drafted any portion of this Agreement. 5. Full Satisfaction. Without limiting in any manner the general release contained herein, Prince further expressly acknowledges and agrees that Plaintiffs undertakings stated herein represent full satisfaction of anything and everything Prince claims or could claim Plaintiffs owe him and he shall not be entitled to any additional payment, benefit, compensation, damage or relief (monetary or otherwise), for anything arising from or related to his employment at KSU or the IAC, or arising from or related to any agreements or purported agreements between him and KSU or the IAC, or any of their past or present agents, representatives or employees. 3

4 6. Governing Law and Forum. 6.1 The Parties agree that this Agreement shall be interpreted in accordance with and governed by the laws of the State of Kansas, without regard to the conflict of laws principles thereof. 6.2 The Parties further agree that the District Court of Riley County, Kansas shall have personal and subject matter jurisdiction over any action brought to enforce this Agreement. 7. Entire Understanding. 7.1 This Agreement contains the entire understanding of the Parties with respect to the subject matter contained herein and supersedes any and all prior representations, agreements and understandings of the Parties, whether oral or written, related to such subject matter. 7.2 No change, modification or waiver of any of the provisions of this Agreement will be binding, except by an instrument in writing signed by an authorized representative of each of the Parties. 8. Counterparts and Headings. 8.1 This Agreement may be executed in two or more identical counterparts, all of which constitute one and the same Agreement. Facsimile or other electronically transmitted signatures on this Agreement are deemed to have the same force and effect as original signatures. 8.2 The headings in this Agreement are for convenience and shall not expand, modify, limit, or define the text of this Agreement. 9. Statement. 9.1 Plaintiffs shall issue a statement in connection with this Agreement. Among its terms shall be a separate paragraph that reads: Neither the University nor K-State Athletics contends or believes that in negotiating his employment agreement or the MOU, Coach Prince engaged in any wrongful or unethical conduct. Discovery has demonstrated that this situation was not of Coach Prince s making. 9.2 No other terms of the statement (or any other statement made by Plaintiffs or Plaintiffs Releasees) shall contradict or negate the language agreed to above. 4

SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ( Agreement ) is made and entered into by and between Cheryl Coryea ( Coryea or Plaintiff ), and Rochester Independent School District

Form: Description: Release: No Disparagement: References: Review by Counsel: Employee Settlement and Release Agreement. This is a sample form agreement for the settlement of any claims by an employee against

SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS This Settlement Agreement ( Agreement ) is entered into by and between The LAPD Newton Area Police Activities League, Inc. ( Plaintiff ) and the City of

SETTLEMENT AGREEMENT BETWEEN THE AMERICAN INSTITUTE OF PHYSICS AND JEFF SCHMIDT THIS SETTLEMENT AGREEMENT ( Agreement ) is made and entered into as of February 20, 2006, by and between the American Institute

SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (hereinafter "the Agreement") is entered into by and between Plaintiff, CITY OF PIEDMONT, CALIFORNIA, and its respective City entities,

SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release (the "Agreement") is made as of December 5, 2007 (the "Effective Date"), by and between RELIABLE HEALTH CARE SERVICES,

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement And Release Of All Claims ( Agreement ) is made and entered by and between [EMPLOYEE] and the Municipality of Anchorage and [MUNICIPAL

SEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release ( this Agreement ) is made and entered into by and between ( Employee ) and ( the Agency ) (collectively, the Parties

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS ("the Settlement Agreement") is entered into this /-I day of February, 2015, by and between Sampson Contracting,

SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE is hereby entered into as of the 3 rd day of September 2015, by and between MALIA KIM BENDIS ( PLAINTIFF ) and SERGEANT NICK LIBERIO,

Settlement Agreement & Mutual Release This agreement is useful for completing the renegotiation of a deal perhaps you offer to pay a reduced amount of a long-standing invoice perhaps you have a complex

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, and the STATES OF CALIFORNIA, FLORIDA, HAWAII, ILLINOIS, MASSACHUSETTS, NEVADA, VIRGINIA, DISTRICT OF COLUMBIA and STATE

SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is made and entered into by and between: "Plaintiffs" "Defendants" Insurer Recitals A. Plaintiffs filed

SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is made as of this 10th day of August, 2011, by, between, and among the following undersigned parties: The Federal Deposit

SETTLEMENT AGREEMENT This Settlement Agreement (Agreement) is entered into among the United States of America, acting through the United States Department of Justice and the United States Attorney s Office

SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Settlement Agreement") is made and entered into as of and on the last date set forth herein below by and between/among: "Plaintiff":

ELMWOOD NEIGHBORHOOD ASSOCIATION V. CITY OF BERKELEY ALAMEDA COUNTY SUPERIOR COURT CASE NO. RG14722983 MUTUAL This Release and Settlement Agreement ("AGREEMENT") is entered into by and between Defendant

SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is made and entered into this day of, 2015, by and between: "Claimant" "Defendant" "Insurer" Recitals

SETTLEMENT AGREEMENT This Settlement Agreement (hereafter Agreement is entered into by and between the American Academy of Actuaries (the Academy and Bruce D. Schobel ( Mr. Schobel. The Academy and Mr.

IN THE MATTER OF LIFE INSURANCE COMPANY OF GEORGIA AND SOUTHLAND LIFE INSURANCE COMPANY REGULATORY SETTLEMENT AGREEMENT THIS REGULATORY SETTLEMENT AGREEMENT (the Regulatory Settlement Agreement ) is entered

09-50026-reg Doc 11627 Filed 04/23/12 Entered 04/23/12 151223 Main Document Pg 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x

THIS PARTICIPATION AGREEMENT is made and effective as of the last date executed (hereinafter the "Effective Date") by and between Get Air Savannah (hereinafter "Get Air") and the adult or guardian identified

0 0 This ("Agreement") is entered into as of February, 0 by and between the California Department of Corporations ( DOC ) through the California Corporations Commissioner ("Commissioner"), on the one hand,

SETTLEMENT AGREEMENT AND GENERAL RELEASE There is no one size fits all. However, there are some general terms that are usually in the agreement. Payment Terms. Parties should agree on the amount if money

THIRD AMENDMENT TO DOMESTIC FACTORING AGREEMENT Exhibit 10.139 This Third Amendment to Domestic Factoring Agreement ( Amendment ) made as of April 29, 2004 by and between Pacific Business Funding, a division

THE HONORABLE JOHN C. COUGHENOUR JUSTIN GAWRONSKI and A. BRUGUIER, individually and on behalf of all others similarly situated, Plaintiffs, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT

SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("the Settlement Agreement") is made and entered into by and among the following parties as of the dates in which they signed this

SETTLEMENT AND RELEASE AGREF.MENT This Settlement and Release Agreement C 1 Agreement") is made as of this th day of December, 2013, by, between, and among the following undersigned parties: The Plaintiff

SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is made by, between, and among the following undersigned parties: The Plaintiff Federal Deposit Insurance Corporation

SETTLEMENT AGREEMENT AND GENERAL RELEASE 1.Definition of Terms. This Settlement Agreement and General Release ( Agreement or Release ) is executed by and between Isabel Santa ( Santa ) and Project Veritas,

SETTLEMENT AGREEMENT AND GENERAL RELEASE 1.Definition of Terms. This Settlement Agreement and General Release ( Agreement or Release ) is executed by and between Isabel Santa ( Santa ) and Project Veritas,

SUBMISSION AGREEMENT THIS AGREEMENT is entered and effective as of, 20, by and between SHURTECH BRANDS, LLC, a North Carolina limited liability company, having offices at 32150 Just Imagine Drive, Avon,

NON EXCLUSIVE BROKER REFERRAL AGREEMENT THIS NON-EXCLUSIVE BROKER REFERRAL AGREEMENT (this Broker Contract ) is made this day of, 2013 by and between [NAME] (herein after called the "IFPG FRANCHISE CONSULTANT/BROKER

SERVICE AGREEMENT FOR FULL REIMBURSEMENT MANAGEMENT This Service Agreement is entered into by and between the New Hampshire Alcohol and Other Drug Service Providers Association, a New Hampshire non-profit

Case 3:11-cv-00545-RCJ-WGC Document 96 Filed 12/18/14 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA HOWARD L. HOWELL, Lead Plaintiff, ELLISA PANCOE, Individually and on Behalf of All Others

BENCHMARK MEDICAL LLC, BUSINESS ASSOCIATE AGREEMENT This BUSINESS ASSOCIATE AGREEMENT ( Agreement ) dated as of the signature below, (the Effective Date ), is entered into by and between the signing organization

AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Seattle ("City") and the Seattle Times Company ("Seattle Times"). Together, the Seattle Times and the City are

Sample Settlement Agreement and Release for an Employment Law Claim As submitted to the Missouri Bar Association Labor and Employment Law Committee October 2004 Drafted by a Committee working group comprised

SRTTLI~MIC:NT ANn IU:LI~ASE AGREEMF.NT This Settlement and Release Agreement ("Agreement") is made as of this_ day of January 2014, by, between, and among the following undersigned parties: Ibe Plaintiff

Document 4072A Access to this document and the LeapLaw web site is provided with the understanding that neither LeapLaw Inc. nor any of the providers of information that appear on the web site is engaged

COLUMBIA GAS OF OHIO, INC. ACCOUNTS RECEIVABLE PURCHASE AGREEMENT This Agreement made this day of, 2, ( Agreement ) by and between, located at ( Supplier ) and Columbia Gas of Ohio, Inc. ( Company ), 290

Insurance Producer Agreement Section 1 - Producer s Authority The Producer shall periodically submit risks to the Company for its consideration as authorized by the Company. These risks shall be located

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CASE NO. 1:12-CV-1179 STEVEN HEWETT, Plaintiff, v. SETTLEMENT AGREEMENT CITY OF KING Defendant, And THE AMERICAN LEGION AND AMERICAN

INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement ("Agreement") is made and effective this day of, 20. BETWEEN: (the "Independent Contractor"), a company organized and existing under

Information or instructions: Contingency fee agreement for personal injury cases 1. The following form is a written contingency fee agreement that may be used to employ the attorney to handle the personal

AMR 24B - 00001 SETTLEMENT AGREEMENT This Settlement Agreement ( Agreement ) is entered into among the United States of America, acting through the United States Attorney s Office for the District of Arizona

United States District Court, District of Minnesota Rasschaert v. Frontier Communications Corp. Case No. 11-cv-02963 DWF/JSM NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT, AND HEARING A court

RESIDENTIAL LIMITED COVERAGE MORTGAGE MODIFICATION POLICY Issued By WFG NATIONAL TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA If you are a current or former user of PayPal in the United States who had an active PayPal account between April 19, 2006 and November

WHOLESALE BROKER AGREEMENT THIS WHOLESALE BROKER AGREEMENT (this Agreement ) dated as of the day of,, by and among the entities indicated on Schedule A attached hereto and incorporated herein by reference

SETTLEMENT AGREEMENT This Settlement Agreement ( Agreement ) is entered into among the United States of America, acting through the United States Department of Justice and on behalf of the Department of

@radical.media LLC POLICY CONCERNING SUBMISSION OF IDEAS AND OTHER MATERIALS @radical.media LLC wishes to acquaint all those who have been kind enough to submit materials, including ideas, proposals, marketing

DISCLAIMER The forms provided on our site were drafted by lawyers with knowledge of equine and contractual matters. However, the forms are not State specific. THESE FORMS ARE NOT A SUBSTITUTE FOR LEGAL

ELECTRONIC FILER AGREEMENT This Electronic Filer Agreement (the Agreement ) is made by and among the Delaware Claims Processing Facility (the Facility ), with offices at 1007 North Orange Street, Wilmington,

LTC ELITE, LLC MEMBERSHIP AGREEMENT This Membership Agreement (this Agreement ) is made and entered into effective, (the Effective Date ), by and between LTC Elite, LLC, a Texas limited liability company

SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES If You Bought Mario Badescu Healing Cream or Control Cream At Any Time Since February 15, 2009 You Could Get One or Two $45 Certificates